August 11, 2015

Criminalizing resistance violates international law

Shawn Robinson

The truth about stone throwing as a form of resistance is that it is not an equal encounter between the thrower and the thrower's quarry. Do not however minimize the power of stone throwing as stones can gravely injure or kill their intended targets. With that said in all of the almost thirty years that stone throwing has been officially utilized by Palestinians as an active form of resistance, fortunately to date very few Israelis have died from being hit with a stone (11 killed). It is estimated that each year there are 3,500 to 4,500 stone throwing incidents in the occupied territories.

Conversely, how many Palestinians have been injured, killed
or imprisoned because of stone throwing? Tens of thousands in total. In fact
the statistics vary as Israel does not document effectively these demographics,
however organizations such as DCI-Palestine, B’tselem and Addameer work hard to record these crimes.
The reality is that the statistics are so disproportionate because of the
incredible power the Israeli military yields. Israeli soldiers are well-armed
as well as protected not just with kevlar and helmets, but also armoured
vehicles, tanks, air power etc.

Palestinians, with the majority being youth, throw stones at
the Israeli military occupying the Palestinian territories and also at the
illegal Israeli settlers who frequently attack the native Palestinian
population with no consequences to their actions, do so out of frustration to
their situation.

As stated previously this is not an equal encounter.

First the Israeli military and the settlers have the power of
Israeli justice that protects them with impunity.

Never is a soldier or settler held accountable for their
crimes against the unarmed Palestinian community. Israeli soldiers and illegal
Israeli Settlers are armed and with the most advanced weaponry as well. Illegal
Settlers are allowed to wander anywhere with sophisticated semi-automatic
assault rifles while the Palestinians are not even allowed to carry a knife.

Stone-throwing by occupied Palestinian youth at uniformed
Israeli military members or illegal Israeli settlers is a permissible form of
legal resistance:

The 4th Geneva Convention
states unequivocally that those under occupation have the right to resist their
occupiers and are able to do so with force.

The reality in the occupied territories is that Palestinians
live in punitive and claustrophobic conditions that frequently put the native
Palestinian population of having to deal with persecutory behaviour from the
illegal Settler communities and the Israeli military. This leaves the native
Palestinians frustrated.

Each occupied territory experiences a different set of
circumstances that makes it near impossible for the native Palestinian
population to embrace basic rights such as family unification, ease of
mobility, the ability to access adequate health care and education never mind
basic security. This builds on the frustration of being occupied and unable to
control one’s destiny.

When a state is occupied, under the Geneva Conventions, the
legalities of occupation and obligations of the military occupiers for those
living under the occupation are specified and made clear. These include
public order, safety, provision of food and medical supplies, maintaining
medical services and other matters that are applicable in everyday living.

With respect to the native population’s existing public
administration including justice and governing of its people, the occupying
power is to not interfere as also stipulated under IHL and the Geneva Conventions.
But Israel does not allow the Palestinians to administrate themselves or
effectively handle issues including adjudicating their own justice
system..

Defendants not accused of intending to cause harm can
receive up to 10-years in prison.

Defendants accused of intending to cause harm can receive up
to 20-years in prison.

The hidden third level is that anyone who interferes with
the performance of the Israeli border police or other Israeli authority that
prevent that authority from performing their “duties” could face up to
five-years imprisonment.

So if a person is being targeted for stone throwing,
such as a child which is a common situation, a parent or anyone who tries to
interfere with the arrest of that child can also be punished with a punitive
prison sentence.

Furthermore, if an Israeli settler throws stones at the
occupied Palestinians, this law does not pertain to them.

Palestinian MK Hanin Zoabi, said
“(w)e are not talking about a law. We are talking about the occupation. If the
law is meant to protect the weak, it is also meant to protect those victims who
are killed every week by soldiers. Imagine a soldier with a gun facing a
teenager with a small stone. What symmetry is there?”

The bottom line is that this new law has no legal
jurisdiction in the occupied territories. It is another tool to compress the
Palestinian will and to make life even more untenable if that can even be
possible.

Israel simply cannot inflict its version of justice on the
occupied Palestinian population; however is able to do so as the world
communities with their silence give way for Israel’s continued violations of
international law…